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2025 Supreme(Online)(SC) 2049

SUPREME COURT OF INDIA
M.M. SUNDRESH, RAJESH BINDAL, JJ
Ashish Kakkar – Appellant
Versus
UT of Chandigarh – Respondent


Advocates:
Mr. Siddharth Aggarwal, Sr. Adv., Mr. Ashish Batra, AOR, Mr. Gaurav Kakkar, Adv., Mr. Arjun Kaushal, Adv., Mr. Anukirat Singh Baweja, Adv., Mr. Bhuvan Kapoor, Adv., Mr. Varun Chugh, Adv., Mr. Shreekant Neelappa Terdal, AOR

ORDER

Leave granted.

2. The appellant was arrested on 30.12.2024 in connection with FIR No. 33/2022 registered under Sections 384 , 420, 468, 471 , 509 and 120B of the Indian Penal Code, 1860 and remanded to police custody for a period of 3 days.

3. Vide the present appeal, the appellant has challenged both his arrest and the remand order dated 30.12.2024 on three grounds, namely, there is a clear non-compliance of the mandateunder Section 41-A of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’); the appellant was not heard at the time of remand and the grounds of arrest as mandated under Section 50 of the Code have not been furnished to the appellant as against the mere arrest memo.

4. We are inclined to consider only the last issue raised by the appellant with respect to the non-furnishing of the grounds of arrest.

5. Upon perusing annexure P-3, we can see that what has been provided to the appellant is only an arrest memo in the prescribed format, which is meant to be given to the appellant by way of an intimation. It has been filled up with the name of the appellant along with the place of arrest. Additionally, it has been written that he has been arre

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